Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-11/cp210205en.pdf

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Court of Justice of the European Union

PRESS RELEASE No 205/21

Luxembourg, 16 November 2021

Judgment in Case C-479/21 PPU

Governor of Cloverhill Prison and Others

The provisions in the Withdrawal Agreement concerning the European arrest warrant regime with respect to the United Kingdom and the provision in the Trade and Cooperation Agreement between the EU and the United Kingdom concerning the new surrender mechanism are binding on Ireland The inclusion of those provisions in those agreements did not justify the addition of a legal basis relating to the Area of Freedom, Security and Justice for the purpose of concluding those agreements, with the result that those provisions did not require, under Protocol No (21), that Ireland have the choice whether or not to opt in to them

In September 2020, SD was arrested in Ireland pursuant to a European arrest warrant (‘EAW’) issued by the United Kingdom judicial authorities in March 2020, seeking his surrender to serve a prison sentence. SN was arrested in Ireland in February 2021, pursuant to an EAW issued by the same authorities in October 2020, seeking his surrender for the purposes of conducting a criminal prosecution. SD and SN have been detained in Ireland since their arrest, pending the decision on their respective surrender to those authorities. The High Court (Ireland) having found that their detention was lawful and having refused to order their release, SD and SN appealed to the Supreme Court (Ireland). 

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